The Legal Issues of Immediate Annuity Insurance - Focusing on the Review of the district court judgment -

2021 ◽  
Vol 35 (3) ◽  
pp. 241-268
Author(s):  
Ju Hyun Namgung
Keyword(s):  
Legal Issues ◽  
District Court

A Review and Analysis of Prison Litigation Reform Act Court Decisions: Solution or Aggravation?

1997 ◽  
Vol 77 (4) ◽  
pp. 405-455 ◽  
Author(s):  
KATHERINE BENNETT ◽  
ROLANDO V. DEL CARMEN
Keyword(s):  
Due Process ◽  
Separation Of Powers ◽  
Legal Issues ◽  
District Court ◽  
Court Decisions ◽  
District Courts

On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.

scholarly journals EKSEKUTABILITAS PUTUSAN ARBITRASE OLEH LEMBAGA PERADILAN / THE EXECUTABILITY OF ARBITRATION AWARD BY JUDICIAL INSTITUTIONS

2018 ◽  
Vol 7 (1) ◽  
pp. 127
Author(s):  
PANUSUNAN HARAHAP
Keyword(s):  
Legal Issues ◽  
Good Faith ◽  
District Court ◽  
Final Decision ◽  
Business Growth ◽  
Arbitration Award

Masalah arbitrase merupakan salah satu isu hukum yang cukup aktual dan menarik untuk dibicarakan, karena memiliki peran penting dalam kaitannya dengan dunia bisnis yang semakin berkembang pesat akhir-akhir ini. Dalam dunia usaha dan lalu lintas di bidang perdagangan, baik di tingkat nasional maupun internasional, para pelaku usaha dalam kontrak bisnis mereka umumnya lebih menyukai lembaga arbitrase dari pada lembaga peradilan dalam menyelesaikan sengketa bisnis yang terjadi di antara mereka, sehingga penggunaan lembaga arbitrasepun semakin populer dan meningkat jumlahnya. Suatu sengketa bisnis yang diajukan oleh para pihak melalui lembaga arbitrase seperti halnya pengadilan selalu diakhiri dengan putusan, dan putusan tersebut harus pula dapat dilaksanakan atau dieksekusi. Suatu putusan, tidak ada artinya jika tidak dapat dilaksanakan. Akan tetapi kerapkali terjadi, meskipun putusan sudah ada, pihak yang kalah atau termohon eksekusi tidak mau melaksanakan putusan arbitrase secara sukarela atau dengan iktikad baik (in good faith). Dalam hal yang demikian, maka atas permohonan pihak yang menang atau pemohon eksekusi, Ketua Pengadilan Negeri dapat melaksanakan putusan arbitrase tersebut secara paksa (execution forcee).The arbitration problem is one of the legal issues that are quite actual and interesting to research because it has an important role in rapid business growth. In national or international levels business and trade, the stakeholder in their business contracts generally prefer arbitration agencies rather than judiciary institution to resolve business disputes, so the need of arbitration institutions is popular and increased in number. A business dispute filed by the parties through arbitration, as well as the court, always ends with an award, and the final decision must also be executed or executed. An award will become meaningless if it can not be implemented. But often, even if the verdict already exists, the losing party or the executioner will not commit arbitrary decisions voluntarily or in good faith. In such cases, at the request of the victor or the execution applicant, the Head of the District Court may execute the arbitration ruling by force (execution forcee).

Submission, Responses, and Final Orders

2020 ◽  
pp. 199-207
Author(s):  
Paul J. Magnarella
Keyword(s):  
Federal District ◽  
Legal Issues ◽  
District Court ◽  
Federal District Court ◽  
Long Time ◽  
The U.S

Attorney Austin Shute delivered attorney Magnarella’s petition to the Federal District Court in Kansas. Judge Arthur J. Stanley had retired, and his long-time colleague Judge Earl E. O’Connor had taken over Pete’s case. He accepted the petition, directed the U.S. Attorney to file a response, and allowed O’Neal’s counsel to file a reply. A U.S. Assistant Attorney responded to the petition by arguing, without legal support, that the writ of coram nobis was all but extinct and recommended that the judge invoke the fugitive disentitlement doctrine. The presiding judge refused to examine the merits of the petition. He invoked the fugitive disentitlement doctrine, saying that O’Neal could have litigated his legal issues on appeal in 1970. Because O’Neal had fled the jurisdiction of the court back in 1970, the judge said he was not entitled to any court resources.

A Cautionary Legal Tale: The Bose v. Consumers Union Case

1992 ◽  
Vol 22 (4) ◽  
pp. 377-386 ◽  
Author(s):  
Gerald M. Parsons
Keyword(s):  
Supreme Court ◽  
Legal Issues ◽  
District Court ◽  
Final Decision ◽  
Technical Review ◽  
The Supreme Court ◽  
Basic Facts

This article describes the facts of the Bose v. Consumer's Union of U.S., Inc. case, a precedent-setting libel case that involved a technical review of a product, which was litigated over a fifteen-year period, from District Court to the Supreme Court. The litigation centered on interpretation of technical phraseology. The basic facts of the case are described, central legal issues are identified and some speculation about the relevancy of the final decision to other similar future situations is suggested.

scholarly journals Pembagian Harta Warisan Ditinjau dari Kitab Undang-Undang Hukum Perdata

2020 ◽  
Vol 1 (2) ◽  
pp. 148-152
Author(s):  
Ni Luh Gede Suwarni ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Data Analysis ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Rapid Development ◽  
Civil Code ◽  
Legal Issues ◽  
District Court ◽  
Legal Research ◽  
Settlement Of Disputes

Indonesia has experienced rapid development from ancestral ages to modern ages in terms of its people living with daily-supporting facilities. In other words, the Indonesian people live with a legacy which is then developed. Regarding inheritance, this study examines two legal issues: (1) distribution of inheritance according to the Civil Code and (2) settlement of disputes over distribution of inheritance results according to the Civil Code. This study was designed using a normative legal research method design; the data were collected by applying note-taking and analysing techniques based on legal materials. Based on the results of data analysis, it is found that in terms of its form there are three types of rights and obligations of an heir: openbaar testament, a form of inheritance made by a notary, in which case, the person who will transfer the inheritance appears before a notary and declares his will; olographis testament, a form of inheritance realising in writing by hand and is affixed by the hand of the inheritor (elgenhading / gedepoecerd); and a secret testament, a form of inheritance that requires the transfer of inheritance by written evidence, made by the person transferring the inheritance but not necessarily handwritten. There are two forms of dispute resolution related to inheritance through litigation, namely the general court, which in this case is the district court, the authority to examine disputes and the commercial court of a special court that is within the environment of a general court that has the competence to examine and decide an application for participation and postponement of debt payment obligation (PKPU) and disputes over intellectual property rights (HaKI).

scholarly journals Akibat Hukum Pendaftaran Penyelesaian Sengketa Alternatif

2020 ◽  
Vol 6 (1) ◽  
pp. 73
Author(s):  
Dewa Nyoman Rai Asmara Putra ◽  
I Putu Rasmadi Arsha Putra
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Issues ◽  
District Court ◽  
Legal Certainty ◽  
Legal Requirements ◽  
Procedural Law ◽  
Written Form ◽  
Settlement Of Disputes ◽  
Made In

Everyone is allowed to be in conflict with legal issues that exist in civil procedural law called cases that contain both disputes and those that do not contain disputes. Disputes are indeed important to mature the way of thinking, but more importantly must be agreed. Managing disputes means fi nding the best way to resolve them. The best way to resolve disputes is by means of a win-win solution in Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR). Settlement of disputes with ADR has the highest degree because it is really fi nished, not resolved the dispute, as long as each party obeys all the results of the agreement that has been made. In Article 6 paragraph (7) of Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR), the results of the agreement must be made in written form and must be registered with the District Court. This research focuses on studying the method of registration proposed in article 6 paragraph (7). Law No. 30 of 1999. The results of this study found facts regarding the payment of the results of the agreement to the District Court does not have any legal requirements for the parties related to legal certainty, justice and benefi ts for the agreement.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

Privacy: Users of Pharmaceutical Websites

2002 ◽  
Vol 30 (3) ◽  
pp. 466-474
Keyword(s):  
Personal Information ◽  
District Court ◽  
Traffic Data ◽  
Web Traffic ◽  
Electronic Communications ◽  
Private Action

In In re Pharmatrak, Inc. Privacy Litigation, website users brought suit claiming that major pharmaceutical corporations and a web monitoring company violated three federal statutes protecting electronic communications and data by collecting web traffic data and personal information about website users. On August 13,2002, the District Court of Massachusetts dismissed these allegations, holding that the defendants were parties to the communications and thus exempted under the statutory language.The court also found that plaintiffs had not suffered an amount of damages required to sustain private action.

Adolescent abortion: Psychological and legal issues.

1987 ◽  
Vol 42 (1) ◽  
pp. 73-78 ◽  
Author(s):  
Keyword(s):  
Legal Issues
Sign in / Sign up

Export Citation Format

Share Document